Having considered the moving papers, the Court rules as follows. 

BACKGROUND 

On January 13, 2022, Plaintiff Aaron Diaz (“Plaintiff”) filed this action against Defendant Jason Schneider (“Defendant”) for negligence and strict liability. 

On July 14, 2023, Plaintiff’s counsel, Danny Soong, filed a motion to be relieved as counsel to be heard on August 29, 2023.  No party has filed an opposition. 

No trial date is currently scheduled. 

COUNSEL’S REQUEST 

Plaintiff’s counsel, Danny Soong, requests to be relieved as counsel for Plaintiff. 

LEGAL STANDARD 

California Rules of Court, rule 3.1362 (Motion to Be Relieved as Counsel) requires (1) notice of motion and motion to be directed to the client (made on the Notice of Motion and Motion to be Relieved as Counsel—Civil form (MC-051)); (2) a declaration stating in general terms and without compromising the confidentiality of the attorney-client relationship why a motion under Code of Civil Procedure section 284(2) is brought instead of filing a consent under Code of Civil Procedure section 284(1) (made on the Declaration in Support of Attorney's Motion to Be Relieved as Counsel—Civil form (MC-052)); (3) service of the notice of motion and motion, declaration, and proposed order on the client and all other parties who have appeared in the case; and (4) the proposed order relieving counsel (prepared on the Order Granting Attorney’s Motion to Be Relieved as Counsel—Civil form (MC-053)). 

The court has discretion to allow an attorney to withdraw.  The motion should be granted if there is no prejudice to the client and it does not disrupt the orderly process of justice. (Ramirez v. Sturdevant (1994) 21 Cal.App.4th 904, 915.) 

DISCUSSION 

Plaintiff’s Counsel has submitted completed MC-051, MC-052 and MC-053 forms. Counsel has provided a declaration stating he has had no communication with Plaintiff since July 2020 despite counsel’s numerous attempts to contact Plaintiff.  Counsel states that Plaintiff’s failure to cooperate with his counsel has rendered his representation impossible. 

Counsel served Plaintiff at his last known address via mail. Counsel could not confirm the address after mailing the motion with return receipt requested, calling Plaintiff’s last known phone number, and sending a letter to Plaintiff’s brother. Counsel submitted proof of service on Plaintiff, the only appearing party, that complies with the notice requirement for international parties. The Court grants the motion. 

CONCLUSION 

The Court GRANTS Plaintiff’s counsel's motion to be relieved as counsel. Counsel will be relieved upon filing proof of service on the client of the Order Granting Attorney’s Motion to Be Relieved as Counsel--Civil (Judicial Council form MC-053). 

Counsel is ordered to give notice of this ruling. 

Counsel is ordered to file the proof of service of this ruling with the Court within five days.Bottom of Form